Paradis v. The Queen, [1978] 1 S.C.R. 264 (1977)

Supreme Court of Canada

Paradis v. The Queen, [1978] 1 S.C.R. 264

Date: 1977-02-08

Jeannette Paradis Appellant;

and

Her Majesty The Queen Respondent.

1976: October 28; 1977: February 8.

Present: Laskin C.J. and Martland, Ritchie, Spence, Pigeon, Beetz and de Grandpré JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR QUEBEC

Criminal law -Evidence -Accomplice -Corroboration-Accomplice and accessory after the fact.

On a charge of attempted murder appellant was acquitted by a jury verdict. On appeal by the Crown, a majority decision of the Court of Appeal ordered a new trial on the grounds that although the trial judge had properly left it to the jury to decide whether a witness should be considered an accomplice, he had erred in law in his instructions to the jury by not distinguishing between an accomplice and an accessory after the fact with respect to the danger of convicting without corroboration, leading the jury to believe that the testimony of an accessory after the fact also required corroboration.

Held: The appeal should be allowed.

Per Laskin C.J. and Martland, Ritchie and Beetz JJ.: They disagree with the view expressed by the Court of Appeal on the issue, and hold that the same rule ...

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